The Immigration and Social
Security Co-ordination (EU Withdrawal)
Bill 2017-19 was published on 20 December
2018 and its First Reading in the House of Commons took place
that day. Second
Reading will take place on Wednesday 16 January
2019.
The Bill, and
its explanatory notes,
are available on the Parliamentary website. Factsheets and
impact assessments are available from the Gov.uk website.
Background
As set out in the Bill’s explanatory notes, the
main measures in the Bill include:
-
repealing the main retained EU law relating to free
movement and bringing EEA nationals and their family
members under UK immigration control;
-
protecting the status of Irish citizens in UK immigration
law once their EU free movement rights end; and
-
powers to amend, by regulations, retained EU law governing
social security coordination, enabling policy changes to be
delivered post EU Exit.
Summary
The Bill as introduced is in three parts. The provisions are as
follows:
Part 1 – Measures relating to ending free
movement
Clause 1 would establish Schedule 1 of
the Bill. Schedule 1 makes provision to end the law of free
movement in the UK.
Clause 2 would amend
the Immigration Act 1971 to confirm that
the rights of Irish citizens prevail, regardless of the repeal
of free movement law. It would provide that Irish citizens do
not require leave to enter or remain in the UK.
Clause 3 would amend section 61 of
the UK Borders and Immigration Act
2007 to ensure that the Bill is included in any
references to “the Immigration Acts” across legislation.
Clause 4 sets out the consequential
provisions of the Bill. It is a Henry VIII clause which allows
the government to amend primary and secondary legislation by
statutory instrument. The provisions made by statutory
instrument must be considered by the Secretary of State as
‘appropriate in consequence of, or in connection with’ any
provision in Part 1 of the Bill.
Part 2 – Social security co-ordination
Part 2 of the Bill consists of Clause 5 and
Schedules 2 and 3. Part 2 of the Bill would allow
the Government (and/or where appropriate, a devolved authority)
by regulations to modify retained EU legislation on social
security co-ordination. The Government states that this
power would be necessary to enable it to deliver a range of
options from EU exit day, and specifically to implement its
preferred approach to social security co-ordination in a ‘no
deal’ scenario. Any regulations would be subject to the
affirmative procedure.
Part 3 – General
Clause 6 is an interpretive provision,
defining terms used in the Bill.
Clause 7 would set out the Bill’s
commencement and extent. The Bill would apply to all parts of
the UK. The clause enables Her Majesty, by Order in Council, to
extend its operation to any of the Channel Islands, the Isle of
Man and any of the British overseas territories. Except for
clauses 6 and 7, the Bill would come into force on a day
appointed by regulations.
Resources
The following documents are listed in the Bill's explanatory
notes:
-
White Paper: Future Skills-based
immigration system (published 19 December 2018)
-
Prime Minister’s Mansion House speech announcing
the Government’s intention to end free movement, 3 March
2018
-
Prime Minister’s statement on
Brexit confirming the intention to end free movement, 14
November 2018
-
Prime Minister’s statement to
Parliament following European Council 26th
November 2018
-
delegated powers memorandum
-
impact assessment (Bill page on Gov.uk)
-
policy equality statement (Bill page on Gov.uk)
Gov.uk has published factsheets
and links to documents relating to the Bill on its website
Library material
The UK’s EU Withdrawal
Agreement, Commons Library Briefing Paper CBP-08453, 1
December 2018
